PVL3702 Assignment 1 Semester 2 2025 (Answer Guide) - Due 26 August 2025

PVL3702 Assignment 1 Semester 2 2025 (Answer Guide) - Due 26 August 2025 Legal Opinion Issue The central issue is whether a valid contract of sale was concluded between Shane and Porsche Johannesburg, considering that the dealership’s authorised representative did not sign the contract, even though a space for such signature was provided. Specifically, does the lack of signature by the seller mean that the prescribed mode of acceptance was not followed, thereby invalidating the contract? Relevant Legal Principles Under South African contract law, a contract is concluded when there is an offer and a valid acceptance of that offer. The general rule is that acceptance must comply with the prescribed mode if such a mode is stipulated or clearly intended (Hutchison et al., 2021). If the offeror prescribes a specific mode of acceptance, such as a signature, and the offeree fails to comply, no contract is formed unless the offeror waives the requirement or the offeree’s conduct clearly indicates acceptance (Kerr, 2002). However, if the mode of acceptance is not expressly stated as mandatory, and the conduct of the parties demonstrates mutual agreement, courts may find that a valid contract exists (Van Huyssteen et al., 2020). Silence or failure to sign does not automatically amount to non-acceptance if the conduct of the offeree (in this case, the dealership) suggests otherwise.